TMI BlogSubstitution of new section for section 13.X X X X Extracts X X X X X X X X Extracts X X X X ..... o a Magistrate. (3) Where an officer of Central Excise has arrested any person under sub-section (1), for any offence (other than an offence punishable for a term of imprisonment of three years or more under section 9), he shall, for the purpose of releasing such person on bail or otherwise, have the same powers and be subject to the same provisions as the officer-in-charge of a police station has, and is subject to, under the Code of Criminal Procedure, 1973. (2 of 1974) (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) all offences under this Act (except an offence punishable for a term of imprisonment of three years or more under section 9) shall be bailable. (5) Not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specified in the order.''. - Clause 135 of the Bill seeks to substitute new sections 13 and 13A for section 13 of the Central Excise Act. The proposed section 13 seeks to provide for power to arrest. Sub-section (1) of aforesaid section seeks to provide that if an officer of Central Excise empowered in this behalf by general or special order of the Commissioner of Central Excise has reason to believe that any person has committed an offence punishable under this Act, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest. Sub-section (2) of aforesaid section seeks to provide that every person arrested under sub-section (1) for an offence shall, without unnecessary delay, be taken to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the public prosecutor opposes the application, the Magistrate is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. It further seeks to insert a proviso to provide that a person who is under the age of eighteen years or is a woman or is sick or infirm may be released on bail if the Magistrate so directs. Sub-section (2) thereof seeks to provide that notwithstanding anything contained in the Code of Criminal Procedure, 1973, no police officer shall, save as otherwise provided under this Act, investigate into an offence under thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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